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Child Custody and Support

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1 Child Custody and Support on Wed May 04, 2011 7:33 pm

lyn1126


Arresto Menor
Hi. My sister has 2 sons aged 9 and 4. Hindi po sila kasal nung lalake, pero inacknowledge naman nya ung mga bata. February of this year naglaho sya ng parang bula without a word. No one know's where he lives. We know where he is working pero nakakapagod naman pong mag habol sa taong ayaw naman mag pakita. Patuloy po syang nagpapadala ng pang gastos ng mga bata at least 15 thousand monthly, me health provider ang mga bata sa maxicare. Thing is walang trabaho ang kapatid kong babae and we are fearing that the guy will get the custody of the kids.. sooner or later pag nakaipon na sya ng lakas ng loob na magpakita. And right now sya ung mas me kakayahan para buhayin ung mga bata. And my sister is still coping up at nde pa nakakapag hanap ng trabaho ngaun. If ever naman nde nya kunin ang mga bata, what can we do to assure na tuloy-tuloy ang sustento nya sa mga pamangkin ko? Thanks and more power po ☺

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2 Re: Child Custody and Support on Thu May 05, 2011 4:05 pm

attyLLL


moderator
only the mother of illegitimate children has right to custody and parental authority. father has visitation rights only. did he sign the birth certificates?


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3 Re: Child Custody and Support on Thu May 05, 2011 9:26 pm

mailman


Arresto Menor
attyLLL related to the topic, my child 13. y.o. runaway from her mom due to physical harm and verbal abuse (though the child at the time of incident did not want to report to police and have medical exam)tumakbo sya sa bahay ng parents ko at ayaw na umuwi. kinukuha sya ng nanay nya pero ayaw nya sumama ngayon nagfile ng complain against sa parents ko sa brgy "Confrontation" at iakyat daw nya ang kaso ng child custody sa korte dahil may karapatan daw sya at nanay sya. pero ang bata ayaw na talaga bumalik. ayaw ko naman bumalik ang bata at sasaktan lang ulit nya ito...pero wala ako doun para ipaglaban ko ang right ko...is my parents have the right to represent in my behalf na nasa poder nila ang bata for the meantime?

hayaan ko na lang ba kunin nya ang bata sa poder nya at makaranas na naman nang pananakit dahil ito lagi napapagbuntungan nya nang galit pag aburido ang utak nya, im afraid na makagawa pa sya ng worse sa anak ko?

what action should i do, need your advise..thanks?

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4 Re: Child Custody and Support on Fri May 06, 2011 11:36 am

attyLLL


moderator
mailman, may i just ask. you have all these legal feuds with your wife. don't you already have a lawyer?


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5 Re: Child Custody and Support on Fri May 06, 2011 12:30 pm

lyn1126


Arresto Menor
Yes atty. Naka sign po sya sa birth certificate ng 2 bata at surname po nya ang gamit ng mga bata. To be sure that my understanding is correct. So regardless po khit walang trabaho ang nanay ng bata sa panahon na kunin nya ang custody nde nya makukuha ung mga bata? And what measures can we do to make sure that he will continue supporting the kids financially. Is he complied to maintain the lifestyle that the child is accustomed to, if he can afford it? Thanks in advance ☺

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6 Re: Child Custody and Support on Fri May 06, 2011 7:00 pm

attyLLL


moderator
lyn, begin with trying to negotiate with the father, then send a demand letter and if still not, they file a criminal case of economic abuse under RA 9262.

if the father files a case for custody, i doubt it will prosper.


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7 Re: Child Custody and Support on Fri May 06, 2011 7:02 pm

lyn1126


Arresto Menor
Thanks for the help Atty. God Bless u always ☺

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8 Re: Child Custody and Support on Mon May 09, 2011 7:43 pm

mailman


Arresto Menor
attyLLL wrote:mailman, may i just ask. you have all these legal feuds with your wife. don't you already have a lawyer?

Nasa abroad ako atty., thats is why im asking for legal opinion in this site. yung legal feuds namin nang wife ko still pending sa fiscal office and a separate issues. but im just asking for free legal advise from this site on the topic of child custody sa present situation kung ano dapat gawin dahil wla ako doun at this point in time to protect my child. hope you understand

regarding sa tanong mo yes, i trust my lawyer. pero may mga bagay kasi na minsan opinions can help lalo na if we can avoid a more complicated situation rather than making it worse lalo na kung involved ang bata. if i or my lawyer file a child abuse to my wife, you think it would make things better?

nung mangyari kasi ang incident na mag confrontation sa brgy may lawyer was not available to answer me..kaya nagtanong ako dito para naman po magkarun ng idea kung ano ang jurisdiction ng parents ko over my child sa situation ko na nasa abroad ako. but anyway, the child chooses to stay with my parents.

Di naman po siguro masama magtanong dito kahit may lawyer for opinion purposes?

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9 Re: Child Custody and Support on Wed May 11, 2011 12:03 am

attyLLL


moderator
if you already have a lawyer, you should direct these questions to him. he has a better grasp of your situation.


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10 Re: Child Custody and Support Today at 4:40 am

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